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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? What about payment bonds on private construction projects? Pace Construction Corp. , Pace Construction Corp. ,

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NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights

Constructlaw

Dewberry retained Entech Engineering PC (Entech) to perform pre-construction lead paint inspections of homes. The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech. The opinion above thus has no bearing on Virginia’s current law.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Turner Construction Company , the U.S. However, in Thomas J.

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ASA Urges U.S. Supreme Court to Affirm Forum-Selection Decision

Construction Business Owner

(August 23, 2013) — A federal appeals court was correct in its decision not to dismiss or transfer a case from its Texas venue — where a construction project and all of its subcontractors were located — to a far off jurisdiction in Virginia where the general contractor specified in its subcontract that any dispute resolution must take place, the American (..)

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Supreme Court Speaks on Forum Selection Clause in Construction Dispute

Best Practices Construction Law

Earlier in the year, I made an April Fool''s Day joke on Twitter about the Supreme Court granting an appeal in a construction dispute. Apparently, the joke was on me.because the Supreme Court did take an appeal in a construction dispute! The trial judge did not dismiss the case, nor did he agree to transfer the case to Virginia.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Turner Construction Company (pdf) , the U.S.

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No April Fools' Joke: Supreme Court Takes Appeal in Construction Case

Best Practices Construction Law

Last week, I saw a Tweet about the United States Supreme Court granting certiorari in a construction dispute. and I thought it had to be an April Fools'' Day joke because they never take construction cases on appeal. The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas.